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2025 DAILYLAW 46493 (PAT)

Sonelal Rai v. The State of Bihar

CR. MISC./35978/2025 · 2025-07-25

Chandra Prakash Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35978 of 2025 Arising Out of PS. Case No.-471 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Sonelal Rai S/o- Asharfi Rai Village- Dharmuha PS-Muffasil Motihari Distt- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s: Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 25-07-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in connection with Muffasil Motihari P.S. Case No.471 of 2023, registered for the offences under Section 147, 148, 149, 333, 353, 341, 427, 504, 506 of the Indian Penal Code and Section 3 and 4 of Pre- vention of Damage to Public Property Act. 3. As per the FIR, 40-45 unknown miscreants are al- leged to have blocked the main road and they were burning tires on the road and causing damage to the public vehicles. The in- formant tried to pacify the situation but the accused persons started raising slogans against the police party. In the meantime, the accused persons holding lathi, danda, bricks and stones, at- Patna High Court CR. MISC. No.35978 of 2025(2) dt.25-07-2025 2/3 tacked the police party, due to which, they sustained injury. It is further alleged that the accused persons caused hindrance in dis- charge of official duty of the informant and the other police offi- cials. It is further alleged that police apprehended five persons and they disclosed the name of the petitioner and others as the fleeing persons from the place of occurrence. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has been falsely implicated in this case. It is further submitted that the petitioner was not arrested on the spot and his name has sur- faced in the present case on the basis of the confessional state- ment of the apprehended co-accused persons which has got no evidentiary value in the eyes of law. Petitioner is only passerby on the alleged date and time of occurrence but due to inimical terms he has been falsely implicated in the present case. It is further submitted that the injured Manoj Kumar Singh and Man- ish Kumar received injuries which are simple in nature. Peti- tioner has no concern with the alleged offence. He further sub- mits that similarly situated co-accused persons have been granted bail by this Court vide order dated 18.07.2025 passed in Cr. Misc. No.32990 of 2025. Petitioner has one criminal an- tecedent. Patna High Court CR. MISC. No.35978 of 2025(2) dt.25-07-2025 3/3 5. Learned APP for the State has vehemently opposed the prayer for bail. 6. Considering the facts and circumstances of the case, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-XII, East Champaran, Motihari, in connection with Muffasil Motihari P.S. Case No.471 of 2023, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023. shikha/- (Chandra Prakash Singh, J) U T